2. Nomination, Election and Term-of-Office for Officials of the Association

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1 THE BY-LAWS OF THE BROCK UNIVERSITY FACULTY ASSOCIATION (UNICORPORATED #2) FOUNDED IN The Association Newsletter 1.1. Editor The Communications Director shall be the Editor of the newsletter Editorial Policy Policy of the newsletter shall be determined by the Editor, subject to the advice of the 1.3. Issuance and Circulation The newsletter shall be circulated to all members of the Association and published on the BUFA website. 2. Nomination, Election and Term-of-Office for Officials of the Association 2.1. Nominations Nominations for all offices subject to election by virtue of the Constitution shall be made in writing to the Executive Committee or designate of the Association. Each nominee shall be a member in good standing of the Association. Each nomination shall be signed by no fewer than three members in good standing of the Association. Nominations shall be placed in the hands of the designate of the Executive Committee of the Association, who must not be running for office at least 5 working days before the date of the election. It is the responsibility of the Elections Committee to ensure that there is at least one nominee for every position. There shall be a period of at least 15 working days between the call for nominations and the closure of nominations of candidates for election to the BUFA Executive. A list of all nominations received as of 5 working days prior to the close of nominations shall be distributed to the membership Elections The Elections Committee shall be responsible for setting the date of the election and for ensuring that the slate of candidates is presented to the membership at least five working days before the election. The election of officers shall normally take place on the last Thursday in March but no later than April 30. The designate of the Executive Committee, who must not be running for office, will administer elections including the distribution of ballots, appointment of scrutineers, and the publication of results.

2 2.3. Terms of Office Elected officials shall serve for one year, starting on July 1 each year, with the exception of the President, the Grievance Officer, and the Health and Safety Officer who shall serve for two years. Elected officials may stand for re-election Release Time Faculty Association officials (including Executive Committee Members, Negotiating Team Members, BUFA Committee Chairs, and appointed representatives) shall receive a release time stipend commensurate with the duties of the position held, determined by the previous year s Executive Committee, and posted on the BUFA website along with the call for nominations to the BUFA Executive Committee each year Executive Committee Job Descriptions President Supervises the general management of the affairs of the Association. Acts as the primary spokesperson for the Association. Presides at all meetings of the Association and of the Serves as an ex officio member on all Association Committees and the Negotiating Team. Regularly presents reports to the Association and to the Attends CAUT Forums for Presidents and represents the Association at CAUT Councils. Past-President Serves on Association Committees and/or as a representative of the Association on University-wide committees as required. Vice-President Fulfills the duties of the President in his/her absence. Recommends appointments to the Executive of BUFA members on BUFA, University and Jointly-Appointed Committees. Serves as an ex officio member on the Grievance Panel. Serves on Association Committees and/or as a representative of the Association on University-wide committees as required. Page 2 of 12

3 Treasurer Responsible for overseeing the finances and accounts of the Association. Oversees the preparation of the Association's budget. Oversees the preparation and reporting of the Association s annual audit. Regularly presents financial reports to the Association and to the Executive Committee. Serves on Association Committees and/or as a representative of the Association on University-wide committees as required. Grievance Officer Responsible for the administration of complaints and grievances. Serves as Chair of the Grievance Panel. Serves as a member of the Joint Committee on the Administration of the Agreement. Acts as a liaison between the Association and the University on grievance issues. Regularly presents reports to the Association and to the Represents the Association as a member of the OCUFA Grievance Committee. Normally attends CAUT Forum for Senior Grievance Officers. Attends relevant training and development meetings and/or workshops. Health & Safety Officer Represents the Association on the Joint Health & Safety Committee. Acts as a liaison between the Union and the University on health and safety issues, including accommodations. Regularly presents reports to the Association and to the Attends relevant training and development meetings and/or workshops. Communications Director Oversees production and distribution of the BUFA newsletter. Advises the Executive Committee on communications-related issues. Represents the Association at OCUFA Board meetings, conferences, and events. Regularly presents reports to the Association and to the Serves on Association Committees and/or as a representative of the Association on University-wide committees as required. Non-tenured Faculty Representative Advises the Executive Committee on policies, activities, and issues related to non-tenured faculty members of the Association. Page 3 of 12

4 Professional Librarian Representative Advises the Executive Committee on policies, activities, and issues related to Professional Librarian members of the Association. Equity Officer Serves as the Employment Equity Advisor. Chairs the BUFA Equity Committee. Advises the Executive on policies, activities, and issues related to equity. Regularly presents reports to the Association and to the Represents the Association as a member of the OCUFA Status of Women and Equity Committee. Member-at-Large Serves on Association Committees and/or as a representative of the Association on University-wide committees as required. Performs other such duties as may be required by the Association and/or 3. Voting Procedures a) For votes on major issues including Election of Officers, Strike Vote, and Ratification of an Agreement, the entire membership will be polled. b) For votes on other issues including motions at General Meetings and procedural votes within meetings, the membership attendant at the meeting will be polled. c) A member may challenge, as a point of order, the status of a vote at a meeting and the Chair will rule whether or not the vote concerns a major issue. 3.1 Absentee Ballots a) Voting in absentia only occurs on major issues. b) Members who, due to leaves or other absences from the University, and who will not be present in the environs of either campus of Brock University at the time of a vote, may provide contact information to the BUFA Office to be used in the event of a vote. c) The BUFA Office will distribute absentee ballots to such registered members in a manner such that the member s ballot can be verified but the choice not identified with the member. d) The absentee ballots will be distributed at such a time that they can reasonably be returned within the deadline for the vote. Ballots received after the deadline will be destroyed. Page 4 of 12

5 3.2 Major Issues a) Votes on major issues will be taken by secret ballot. b) Voting shall be carried out in such a manner that the members ballots can be verified but the choice not identified. c) Three (3) scrutineers will count ballots and a simple majority of votes cast shall be used to decide the outcome of the vote. d) The result of the vote shall be announced and shall be sent to all members of the bargaining unit. 3.3 Non-major Issues a) Votes on non-major issues will be by show of hands. b) Motions will be decided by a simple majority of the votes cast, not including abstentions. c) The Chair shall announce the result of each vote. d) Except in a vote of adjournment, any member may require that the vote be recorded. 4. General Meetings 4.1. Frequency, Agenda, and Quorum Regular General Meetings In addition to the annual general meeting, three (3) regular general meetings shall be called each year. The dates for regular general meetings shall be published as far in advance as possible; the membership must receive at least five (5) working days notice of each regular general meeting Special General Meetings Special general meetings are those called by the President in accordance with the Constitutional provision. Members shall receive at least three (3) working days notice of a special general meeting (a) Procedures for a Strike Vote 1. When a strike vote is being considered, a special general meeting shall be held. The motion to authorize a strike shall be circulated with the notice of the special general meeting. Page 5 of 12

6 (b) Procedures for Ratification of Collective Agreement 1. The entire proposed Collective Agreement will be made available to the BUFA Executive Committee (in confidence) in advance of an Executive meeting. 2. The Negotiating Team will present a written summary of the proposed agreement to the 3. The Executive Committee shall consider the proposed agreement. If the Executive determines that a ratification vote is to take place, then a special general meeting of the members of the bargaining unit shall be scheduled. 4. The Executive Committee shall circulate, in advance of this special general meeting, a written summary of the proposed agreement along with its recommendations, if any. The entire proposed agreement shall be made accessible (in confidence) to all members of the bargaining unit Copies of the Agenda and Papers Copies of the agenda and all papers to be submitted to a general meeting, including substantive motions not necessary for the ordinary conduct of business, shall be sent to members of the Association at least five (5) working days in advance in the case of a regular meeting, and at least three (3) working days in advance in the case of special meetings. All material for regular general meetings should be sent to the BUFA office at least one (1) week prior to the required advance notice. Permission to introduce material not so circulated into a general meeting must receive approval by two thirds of members present Chair The Chair at regular or special general meetings shall normally be the President of the Association or the Vice-President. The Executive Committee may, however, designate any member of the Association to Chair a meeting Order of Business The following shall normally be the order of business at regular general meetings. This order of business may, however, be determined by the Chair. a) Approval of the Agenda b) Minutes of the last regular meeting and of any intervening special meetings c) Business Arising out of the minutes d) Report of the President e) Reports of the Grievance Officer; Health and Safety Officer; Communications Director; Treasurer; Equity Officer f) Other reports g) New business Page 6 of 12

7 Quorum A quorum at general meetings shall be five per cent of the membership Debates The conduct of general meetings shall be decided by the Chair, who shall be guided by Robert s Rules of Order except on matters where these By-Laws or the Constitution specifies procedure Points of order shall be decided by the Chair subject to an appeal, without debate, to the meeting No member may speak for more than five (5) minutes to any question except with leave of the meeting. The Chair shall designate an individual who shall be responsible for keeping account of the length of time a person has spoken The Chair may take part in any debate, but before doing so must appoint some other member to occupy the Chair. The Chair need not vacate the Chair to provide information during a debate or to present a report. The Chair may vote on any question Motions and Questions When a motion is seconded it shall be read to the meeting before being debated. All reports from committees shall be phrased in such a way that when action is expected of the meeting, the substantive material shall be in the form of a motion When a motion is under debate, no motion shall be received by the Chair except the following in order of precedence: a) personal privilege b) to adjourn the meeting c) to close debate d) to limit or extend debate e) to lay on the table f) to postpone to a definite time g) to refer h) to amend the amendment i) to amend 4.4. Open and Private Meetings General meetings of the Association shall normally be closed. The meeting may at any time, however, decide by a majority vote of those present to permit identified nonmembers to attend the meeting as observers or that the whole, or any part, of the meeting be held in camera. Page 7 of 12

8 5. Committees, Representatives, and Observers 5.1. General Appointments of committee Chairs, committee members, and BUFA representatives and observers on non-association committees shall be made by the Executive upon recommendation of the Vice President. In recommending appointments, the Vice President shall strive to ensure that a committee s membership represents as wide a diversity in rank, opinion, and outlook as is both practicable and consonant with the task of the committee. The Executive Committee shall keep the membership informed of committee, representative and observer appointments Term Except as specified below, members of standing committees and sub-committees, and BUFA representatives and observers shall serve for a term of two years and may be reappointed. Members of ad hoc committees shall normally serve until the committee is discharged Powers Each BUFA committee shall have the power to create special sub-committees, provided that the Executive Committee is informed of the terms of reference and membership of these sub-committees. The Chair of a committee may add additional members to the committee, provided that the Executive approves, and the need for additional members explained. The Chair of a committee may wish to seek expert advice pertinent to the business of the committee. Requests for such advice must be pre-approved by the President, Vice President, and Treasurer. If the President, Vice President, and Treasurer do not agree to the request, the Chair of a committee may appeal to the Executive Committee Annual Reports Committee Chairs, representatives, and observers are responsible for submitting annual reports to the BUFA office no later than one week before the date of the annual general meeting. Page 8 of 12

9 5.2. Executive Committee The Executive Committee shall be comprised of the membership indicated in the Constitution Executive Committee meetings shall normally be open to members of the Association. Parts of meetings of the Executive pertaining to personnel and legal items, or upon majority vote, shall be held in camera All communications to the Executive Committee shall be submitted through the BUFA Office The Executive Committee shall secure the nomination of at least one candidate for each position in the new Executive Committee; invite nominations from the membership; distribute the list of nominations as in By-Law Standing Committees Contract Action Team Membership: Normally a Chair with no limit on the number of members. Duties: Builds support for the Negotiating Team by mobilizing members to attend meetings and participate in actions related to collective bargaining; mapping the workplace and identifying networks and issues; building and testing the union s internal communication network; and identifying and coordinating with allies. Term: Chair and Members: Normally negotiation years The Grievance Panel Membership: The Chair of the Grievance Panel shall be the Grievance Officer who shall be a voting member. The President and the Vice-President shall be ex officio non-voting members of the Grievance Panel. There shall be a minimum of six additional members, appointed by the Executive after consultation with the Grievance Officer, two of whom shall be the Assistant Grievance Officers. Normally, each Faculty and the Library will be represented on the Panel. Duties: The Panel shall operate under the direction of the Chair according to the guidelines established by the To advise and assist the Grievance Officer regarding complaints and grievances; to investigate complaints from the faculty and librarians; to facilitate the resolution of such complaints; to present recommendations to the Grievance Officer for possible grievances and for possible arbitrations; to review department procedures on an annual basis. Term: Two years, staggered and renewable. The terms of the Grievance Officer and at least one of the Assistant Grievance Officers shall overlap by one year. Page 9 of 12

10 Pension Committee Membership: Normally a Chair and six (6) other members. Duties: Members of this committee represent BUFA on the Brock University Pensions Committee. Maintaining a watching brief on the Brock Pension Plan; development of proposals for improvement in the Brock Pension Plan; liaison with the Collective Agreement Committee. 1. The BUFA Pension Committee will have a Chair and a Vice-Chair; the Chair s term will normally coincide with his or her current term on the Committee. 2. In the interests of maintaining continuity, the Vice-Chair will normally succeed the Chair, subject to a vote by the Committee. 3. In accord with the Collective Agreement, the number of BUFA representatives on the Brock University Pension Committee is seven (7); those individuals are also members of the BUFA Pension Committee. 4. With a total membership of seven (7), the quorum for any formal decision by the BUFA Pension Committee is four (4). 5. Minimally, the committee will meet once every semester (Fall, Winter, Spring, Summer). Normally, the Chair will convene meetings in order to address issues of importance to the BUFA membership; any two members of the Committee can also ask the Chair to convene a meeting. 6. The Committee will create a pool of alternate members who may be contacted by the Chair in order to replace regular members who are absent for Brock University Pension Committee meetings. 7. The committee will annually recommend to the BUFA Executive a list of potential candidates to be included in the pools for consideration (a) for regularly membership and (b) alternate membership Equity Committee Membership: Normally the Equity Officer (who shall serve as Chair) and three other members. Duties: Maintaining a watching brief on equity issues on campus and development of policy positions pertaining thereto; fostering awareness of and action concerned with issues involving equity in academia BUFA Benefits and Long Term Disability Committee Membership: Normally 3 members representing the faculties and librarians, where possible. Staggered 2-year appointments. Duties: Advises members and addresses questions and concerns regarding benefits and long-term disability; prepares BUFA s position in preparation for meetings of the Joint Committee on Benefits and Long-term Disability; and, studies and communicates recommendations for improvements to existing benefits and delivery of long-term disability program. Page 10 of 12

11 Hiring Advice Panel Membership: Normally a Chair and thirteen other members (with two members representing each Faculty and Library). Duties: Providing advice to candidates for bargaining unit positions CAUT Defence Fund Membership: The Executive Committee shall annually nominate two individuals as the BUFA proxy holders for election of the BUFA CAUT Defence Fund Trustees. One of these nominees shall be the BUFA Treasurer Budget Advisory Committee Membership: The Budget Advisory Officer (who is appointed by the Executive) and 2-3 other members recruited by the Budget Advisory Officer. The Budget Advisory Officer chairs the committee and also acts as the BUFA Observer on the Planning, Priorities and Budget Advisory Committee of Senate. Duties: To provide on-going expert and technical analyses of University budgets and provide support during bargaining. The Budget Advisory Officer shall attend Executive meetings on an as-needed basis Negotiating Team In bargaining years, the Executive Committee shall appoint a Negotiating Team after soliciting interest from the membership. The composition of the Negotiating Team must be approved at a general membership meeting. The role of the Negotiating Team is to bargain a new Collective Agreement with the university at the direction of the Executive. The Negotiating Team shall provide regular reports to the The Executive Committee is empowered to appoint additions and replacements to the Negotiating Team if the need arises. In bargaining years, the Chief Negotiator represents the Association as a member of the OCUFA Collective Bargaining Committee. The Chief Negotiator normally attends CAUT Forums for Chief Negotiators Representatives and Observers on University Committees There shall be Association representatives and observers on University committees as necessary and as specified in the Collective Agreement. Duties of BUFA representatives: to participate in the deliberations of the committee; and to report on an ongoing basis to the Executive Committee on the deliberations of the committee. Duties of BUFA observers: to monitor the deliberations of the committee and to report on an ongoing basis to the Executive Committee on the deliberations of the committee. Page 11 of 12

12 6. Indemnification 6.1. Will Indemnify BUFA will indemnify and hold harmless out of its funds each Executive member of the Association, their heirs, executors and administrators from and against any and all claims, demands, actions or costs which may arise or be incurred as a result of occupying the position or performing the duties of a member of the 6.2. Will Not Indemnify BUFA will not indemnify an Executive member or any other person for acts of fraud, dishonesty, or bad faith Directors & Officers Insurance BUFA will, at all times, maintain in force such Directors and Officer Liability Insurance as may be approved by the BUFA (Unincorporated #2) By-laws, Approved December 5, 2017 Page 12 of 12